November 12, 2020
Jointly Owned Property Is Presumptively Community Property in California
Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.
9th Circuit, CaliforniaNovember 11, 2020
Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws
The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.
9th CircuitNovember 10, 2020
Ninth Circuit Extinguishes Another Mortgage Where the Lender Had Fallen Asleep
The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.
9th CircuitNovember 09, 2020
Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
4th Circuit, North Carolina, North Carolina Western DistrictNovember 06, 2020
Fifth Circuit Upholds Constitutionality of Increase in U.S. Trustee Fees
Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.
5th CircuitNovember 05, 2020
Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
9th CircuitNovember 04, 2020
Deceased Chapter 13 Debtor Excused from Taking Financial Management Course
Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.
10th Circuit, UtahNovember 03, 2020
Sixth Circuit Creates a Split: The 14-Day Deadline for an Appeal Is Not Jurisdictional
Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.
6th CircuitNovember 02, 2020
Debt of an Ineligible Affiliate Is Included in the $7.5 Million Cap for Subchapter V
Although ineligible on its own to be a debtor under subchapter V of chapter 11, the debt of the ineligible company is nonetheless aggregated with the debts of its affiliates to determine whether affiliates are eligible for subchapter V.
5th Circuit, Mississippi, Mississippi Northern DistrictOctober 30, 2020
Judge Isgur Sides with the Third Circuit and Allows Makewhole Premiums
Creditors are entitled to ‘default interest’ when the debtor is solvent.
5th Circuit, Texas, Texas Southern District